The ACIT, Cochin V. M/s.Ambady Tourist Enterprises P. Ltd, Cochin

ITA 471/COCH/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6576 (ITAT-COCHIN)
• Duration Of Justice: 5 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 10-03-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 15-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DONA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJARI, AM & SHRI GEORGE MATHAN, JM ITA NO.489/COCH/2015 : ASST.YEAR 2011-12 M/S. AMBADY TOURIST ENTERPRISES PVT. LTD., AMBADYS PANTHIYIL TOWERS, WARRIAM ROAD, KOCHI. PAN : AADCA 3437B]. VS. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1(1), KOCHI. ( ASSESSEE - APPELLANT) ( REVENUE - RESPONDENT) ITA NO.471/COCH/2015 : ASST.YEAR 2011-12 THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(1), KOCHI. VS. M/S. AMBADY TOURIST ENTERPRISES PVT. LTD., AMBADYS PANTHIYIL TOWERS, WARRIAM ROAD, KOCHI. (REVENUE - APPELLANT) ( ASSESSEE - RESPONDENT) ASSESSEE BY : MS. DONA, ADV. REVENUE BY : SMT. JAMUNA DEVI, SR.DR DATE OF HEARING : 05.04.2021 DATE OF PRONOUNCEMENT : 05.04. 2020 O R D E R PER GEORGE MATHAN, JM: THESE APPEALS FILED BY THE ASSESSEE AND REVENUE ARE DIRECTED AGAINST THE ORDER OF THE CIT(A)-I, KOCHI IN ITA 54/R-1/CIT(A)-I/2014-15 DATED 11.06.2015 FOR THE ASSESSMENT YEAR 2011-12. 2. MS. DONA, ADV. APPEARED ON BEHALF OF THE ASSESSEE AND SMT. JAMUNA DEVI, SENIOR DEPARTMENT REPRESENTATIVE APPEARED ON BEHALF OF REVENUE. 3. AT THE TIME OF HEARING THE LEARNED A.R. FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS FILED AN APPLICATION UNDER VIVAD-SE-VISWAS ITA NOS.489 & 471/COCH/2015 2 SCHEME OF 2020. THE SAME HAS ALSO BEEN ACCEPTED BY THE REVENUE AND INTIMATION IN THIS REGARD HAS BEEN ISSUED. A COPY OF THE SAME IS TAKEN NOTE OF AND KEPT ON RECORD. 4. AS THE ASSESSEES APPLICATION UNDER VIVAD-SE-VISWAS SCHEME 2020 HAS BEEN ACCEPTED BY REVENUE, APPEAL FILED BY THE ASSESSEE NO MORE SURVIVE AND CONSEQUENTLY THE APPEAL STAND DISMISSED AS WITHDRAWN. 5. SINCE THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN, THE APPEAL OF THE REVENUE HAS BECOME INFRUCTUOUS AND IS DISMISSED AS SUCH. 6. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE AND THE REVENUE ARE DISMISSED. DICTATED AND PRONOUNCED IN THE OPEN COURT ON 5 TH APRIL, 2021. SD/- SD/- (CHA NDRA POOJARI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DATED: 5 TH APRIL, 2021 GJ COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-I, KOCHI 4. THE PR.CIT, KOCHI 5. THE DR, ITAT, COCHIN 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN ITA NOS.489 & 471/COCH/2015 3